Effective April 12, 2018

VIN Voyager, LLC (“VIN Voyager”) provides a website, software, and mobile application platform that enables end users to generate and publish content to advertise motor vehicles for sale, and search for vehicles to purchase. Through the VIN Voyager Vingo application, users can post and search vehicle listing information at various online advertising channels. By accessing or using the VIN Voyager website, the VIN Voyager software and services, or any application (including mobile apps) provided by VIN Voyager (collectively the “Services”), you agree to be bound by the following Terms of Use. These Terms of Use affect the legal rights and obligations of all visitors, users, user agents, and others who access or use the Services (“Users” and “you”). If you do not agree to be bound by all of these Terms, do not access or use any VIN Voyager Services.

ARBITRATION NOTICE: UNLESS YOU OPT-OUT OF THE ARBITRATION PROVISIONS BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND VIN VOYAGER WILL BE RESOLVED EXCLUSIVELY BY BINDING AND INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO TRIAL AND RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION OR CLASS-WIDE ARBITRATION. DISCLAIMER OF WARRANTY NOTICE: THESE TERMS OF USE CONTAIN IMPORTANT DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY PROVISIONS WHICH YOU SHOULD CAREFULLY REVIEW BEFORE ACCESSING OR USING THE SERVICES.
1. Basic Terms of Use.

1.1 The VIN Voyager Services allow Users to post motor vehicle identification numbers (“VIN”), year, make, model, trim, color, options, mileage, condition, vehicle asking price, vehicle photos, seller and vehicle location, purchaser location, and related information (“User Content” or “Vehicle Listing”), for the purpose of advertising, buying, and selling vehicles. VIN Voyager uses mobile location services to determine the location of vehicles offered for sale, and the location of buyers and sellers. The VIN Voyager app uses a camera and photos to scan VIN barcodes and upload images of vehicles for sale. To connect buyers and sellers, VIN Voyager allows Users to provide contact information including their name, zip code, telephone number, and email contact information, along with preferred methods of contact. VIN Voyager allows Users to search for and locate vehicles to purchase, and provides them an option to describe vehicles they would be interested in buying. The Services connect prospective sellers and buyers in advertising channels, and provide a platform for the exchange of competitive offers to buy and sell the User’s vehicle.

1.2 The VIN Voyager Services are intended to be used by legal owners of vehicles and/or persons with express permission to advertise, purchase, or sell a vehicle for sale on behalf of an owner. By using VIN Voyager Services, advertising and selling Users (and their agents) represent and warrant to VIN Voyager that they are the legal owner of the subject vehicle (or otherwise have express authorization to advertise and sell the vehicle), and that they possess the vehicle title or will directly obtain the title after paying off an outstanding auto loan. Users represent and warrant to VIN Voyager that they are the legal owner of all data and information contained in their User Content, Vehicle Listings, applications, communications, data, files, graphics, images, links, photographs, profiles, audio or video clips, sounds, musical works, works of authorship, usernames, and other content submitted and published to the Services, and they have all necessary rights and authority to submit, publish, and use such Content, Listings, applications, communications, data, files, graphics, images, links, photographs, profiles, audio or video clips, sounds, musical works, works of authorship, usernames, and other content.

1.3 The VIN Voyager consumer application is not intended for commercial use by any automotive manufacturer, auto dealership, auto broker, or any other business, and any such commercial party must enter into a separate business agreement with VIN Voyager. Individual Users of the VIN Voyager Services must be at least 16 years of age.

1.4 The VIN Voyager Services are intended and designed solely for advertising, buying, selling, and leasing passenger vehicles manufactured in the last 20 years, and authorized for purchase, sale, and leasing in the United States

1.5 Users represent and warrant to VIN Voyager that they understand that all User Content, Vehicle Listings, and other personally identifiable information and content they submit to the Services will be collected and used in accordance with the VIN Voyager Privacy Policy, and that the Users have reviewed and understand the terms of the Privacy Policy.

1.6 Users represent and warrant to VIN Voyager that they are solely responsible for all activity occurring in their VIN Voyager accounts or in connection with their use of the Services, and for keeping their account information, credit card and payment methods, usernames, and passwords secret and secure. You agree that you will not solicit, collect, or use the login credentials of any other VIN Voyager User. You agree that you will not assign, license, sell, or transfer your account, account rights, username, passwords, or any other attributes of your VIN Voyager accounts. Except for persons or companies expressly authorized to create an account on behalf of their employers or clients, VIN Voyager prohibits the creation of third-party accounts and you agree that you will not create an account for anyone other than yourself. You further agree that you will not use domain names or web URLs in your username without the prior written consent of VIN Voyager.

1.7 Users represent and warrant to VIN Voyager that all Content and information they provide to VIN Voyager at registration and all other times is true, accurate, and complete, and that they will update information as necessary to maintain its truth and accuracy. You agree that you will not submit, post, publish, or use any false, defamatory, abusive, or threatening information concerning any other person or entity. You agree that you will not create or submit unwanted email, comments, or other forms of commercial or harassing communications or spam to VIN Voyager or any other VIN Voyager Users. You further agree that you will not submit, post, publish, or use any content that, in the sole discretion of VIN Voyager, is cruel, demeaning, discriminatory, politically offensive, racist, sexist, sexually suggestive, or otherwise offensive to other persons or groups of people.

1.8 Users represent and warrant to VIN Voyager that they will not submit, disclose, post, publish, or use the private, confidential, or unauthorized information of any person or entity in connection with the VIN Voyager Services, including without limitation any other person or entity’s identity, account and credit card information, images, photographs, audio or video files, social security or alternate national identity numbers, non-public telephone numbers, non-public email addresses, or other personally identifiable information or sensitive personal information without their express consent.

1.9 Users represent and warrant to VIN Voyager that they will not use the Services for any unethical, illegal, or unauthorized purpose, and their use of the Services will not violate any contract right, intellectual property right, privacy or publicity right, or other legal obligation. You agree that you will comply with all federal, state, and local laws and regulations related to your use of the Services and your User Content, including without limitation all contract rights, intellectual property, copyright, patent, privacy, publicity, trademark, trade name, trade secret, and other similar laws and legal obligations. You further agree that you are solely responsible for your (and your agent’s) conduct in connection with the Services, and solely responsible for all User Content, Vehicle Listings, applications, communications, data, files, graphics, images, links, photographs, profiles, audio or video clips, sounds, musical works, works of authorship, usernames, and other content that you submit, post, publish, or use in connection with the Services.

1.10 Users represent and warrant to VIN Voyager that they will not adapt, alter, change, or modify the Services, and will not adapt, alter, change, or modify another website so as to falsely imply that it is associated with the Services or VIN Voyager. You agree that you will not access or use the VIN Voyager Services by any means other than those permitted and provided by VIN Voyager, and you will not access or create accounts in the Services through unauthorized means, including without limitation by using an automated device, script, bot, spider, crawler, or scraper. You agree that you will not interfere with or disrupt VIN Voyager Services, or the servers or networks connected to the Services, including without limitation by transmitting any worms, viruses, spyware, malware, or any other destructive or disruptive code. You further agree that you will not inject content or code or otherwise alter or interfere with the way VIN Voyager pages are rendered or displayed in your or any other User’s browser or device.

1.11 Users represent and warrant to VIN Voyager that they will not restrict, or attempt to restrict, any other User from accessing, using, or enjoying the Services, and will not encourage or facilitate any violation of these Terms of Use or the VIN Voyager Privacy Policy. Violation of these Terms of Use may, in VIN Voyager’s sole discretion, result in termination of your VIN Voyager account. You agree that VIN Voyager cannot and will not be responsible for your User Content or other personal information submitted or posted in the Services, and you will use the Services at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create any risk or possible legal exposure for VIN Voyager, we have the right to terminate your account and suspend your services immediately without notice or liability to you.

2. General Conditions.

2.1 VIN Voyager reserves the right to modify or terminate the Services or your access to them for any reason, including without limitation any violation or attempted violation of these Term of Use, without notice, at any time, and without liability to you. You can deactivate your VIN Voyager account by logging into the Services and completing the deactivating form. If VIN Voyager terminates your access to the Services or you deactivate your account, your User Content, vehicle information, and related material will no longer be accessible through your account, but they may remain within the Services. In the event that your access to the Services is terminated or you deactivate your account, all licenses and other rights granted to you in these Terms of Use will cease immediately.

2.2 VIN Voyager reserves the right, in our sole discretion, to modify and update these Terms of Use from time to time. Unless we make a change for legal or administrative reasons, VIN Voyager will provide reasonable advance notice before the modified or updated Terms become effective. You agree that we may notify you of any updated Terms by posting them on the Services, and your continued use of the Services after the effective date of such updated terms will constitute your acceptance of them. The updated Terms will be effective when they are posted and will apply to your use of the Services from that point forward

2.3 VIN Voyager reserves the right to monitor accounts and User Content, and to refuse access to the Services to anyone for any reason at any time. We further reserve the right, without any obligation, to block, edit, monitor, and remove User Content and other information, and to terminate accounts containing Content that we determine in our sole discretion violates these Terms of Use.

2.4 Users agree that they are solely responsible for their online and offline interactions with other Users of the VIN Voyager Services. You agree that VIN Voyager is not responsible or liable for your conduct with respect to the Services nor the conduct of any other User. VIN Voyager reserves the right, without any obligation, to monitor or become involved in disputes between you and other Users.

2.5 Users agree that there may be links from the VIN Voyager Services, or from communications they receive from the Services, to third-party websites, applications, or features. VIN Voyager does not control or endorse any third-party websites, applications, features, services, or content, and you agree that VIN Voyager has no responsibility or liability for them. You agree that you are solely responsible for knowing the third-party advertising channels to which you submit User Content, Vehicle Listings, and other content, you know and understand the privacy policies and terms and conditions of those third-party channels, and you will comply with such policies and terms. You agree that your communications and business dealings with any third-party are exclusively between you and such third-party. You may choose, at your sole discretion and risk, to use applications that connect VIN Voyager Services or your profile on the Services with a third-party service, and such applications may interact or exchange information with your profile on the Services. By using such applications, you consent to sharing your information with those applications, you agree that your personally identifiable information may be publicly disclosed, and you agree that your use of those applications is solely at your own risk and you will indemnify and hold VIN Voyager Parties (defined below) harmless against harm related to your use of the applications.

3. Additional Mobile Device Terms. If you access VIN Voyager from a mobile device using a VIN Voyager mobile application (the “App”), the following terms and conditions apply to you, and your use of the App confirms your agreement to these terms and conditions. VIN Voyager grants you the right to use the App only for your personal use. When using the App, you must comply with all applicable laws and contractual obligations, including without limitation your wireless data service agreement.

3.1 Mobile App Intellectual Property. VIN Voyager owns or is the licensee to all right, title, and interest in and to its App, including without limitation all rights under contract, intellectual property, copyright, patent, privacy, publicity, trademark, trade name, trade secret, unfair competition law, and other similar laws and legal obligations. As between you and VIN Voyager, VIN Voyager owns and retains all rights in the App. You represent and warrant that you will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notice incorporated in or accompanying the App, and that you will not adapt, modify, reproduce, reverse-engineer, prepare derivative works based on, publish, license, sell, or otherwise exploit the App.

3.2 Mobile Device Third-Party Terms. The following additional terms apply to you depending on the mobile device the App is installed on.

iOS—Apple. These Terms of Use are an agreement between you and VIN Voyager, and not with Apple. Apple is not responsible for the App or the content thereof. VIN Voyager grants you the right to use the App only on an iOS product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. Apple has no obligation to furnish any maintenance and support services with respect to the App. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim. Apple is not responsible for addressing any claims by you or any third-party relating to the App or your possession or use thereof, including without limitation product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Windows—Microsoft. These Terms of Use are an agreement between you and VIN Voyager, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the App. You may install and use one (1) copy of the App on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the App on a device you do not own or control. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the App. Microsoft, the wireless carriers over whose network the App is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the App. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non- infringement. You, and not the Disclaiming Distributors, bear the risk of using the App (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.

BlackBerry—Research in Motion. The App uses network services and may incur additional network data charges (including additional charges when roaming). To the extent permitted under your local laws, Research in Motion E-Commerce, the telecommunications carriers over whose network this App is distributed (if applicable), and any third party merchant of record acting as a merchant of record for any transaction associated with this App (collectively, “Disclaiming Parties”) exclude any liability whatsoever in relation to the App, including without limitation in relation to the sale, distribution, or use thereof, or the performance or non-performance of the App. The Disclaiming Parties are third-party beneficiaries of this section entitled “Blackberry—Research in Motion” and, upon your acceptance, the Disclaiming Parties as third-party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce the terms of this section against you.

4. Intellectual Property and User Rights. Subject to these Terms of Use, VIN Voyager grants to Users a limited, non-exclusive, and revocable license to use the VIN Voyager Services for their intended vehicle advertising, purchase, and sale purposes identified in these Terms of Use and the VIN Voyager Privacy Policy.

4.1 VIN Voyager does not claim ownership of any User Content submitted to or used in connection with the Services. By accessing or using the Services, Users grant to VIN Voyager a non-exclusive, fully paid, royalty-free, transferable, sub-licensable, and worldwide license to collect and use the User Content in accordance with these Terms of Use and the VIN Voyager Privacy Policy. You agree that VIN Voyager may display its own or third-party advertising, marketing, and promotional material in the Services, and you agree that VIN Voyager may place such advertising, marketing, and promotional material on or in connection with your User Content in any manner within the sole discretion of VIN Voyager.

4.2 The VIN Voyager Services contain content owned or licensed by VIN Voyager (“VIN Voyager Content”). VIN Voyager Content is protected by contract rights, intellectual property, copyright, patent, privacy, publicity, trademark, trade name, trade secret, unfair competition, and other similar laws and legal obligations. As between you and VIN Voyager, VIN Voyager owns and retains all rights in the VIN Voyager Content and the Services. You represent and warrant that you will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notice incorporated in or accompanying the VIN Voyager Content, and that you will not adapt, modify, reproduce, reverse-engineer, prepare derivative works based on, publish, license, sell, or otherwise exploit the VIN Voyager Content.

4.3 The VIN Voyager trade names and logos are trademarks of VIN Voyager, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of VIN Voyager. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of VIN Voyager, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of VIN Voyager.

4.4 VIN Voyager intends for the Services to be available as much as possible, but there will be occasions when the Services may be interrupted, including without limitation for scheduled maintenance or upgrades, emergency repairs, or as a result of telecommunications links or equipment failure. VIN Voyager reserves the right to remove any User Content or other material from the Services for any reason, without prior notice or liability to you. User Content removed from the Services may continue to be stored by VIN Voyager for the purpose, among others, of complying with certain obligations, but VIN Voyager is not a backup service and such Content may not be retrievable without a valid court order. VIN Voyager encourages you to maintain your own backup of your User Content. You agree that you will not rely on the Services for data backup, security, or storage purposes, and VIN Voyager will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content for any reason.

4.5 Users agree that VIN Voyager is not responsible for and does not endorse User Content or material submitted to or used within the Services. You agree that VIN Voyager does not have any obligation to prescreen, monitor, edit, or remove any Content; and you agree that if your Content violates these Terms of Use, you may bear legal responsibility for that Content. You agree that as between you and VIN Voyager all of your Content will be non-confidential and non-proprietary, and VIN Voyager will not be liable for any use or disclosure of the Content. You further agree that your relationship with VIN Voyager is not a confidential, fiduciary, or other type of special relationship, your decision to submit any Content does not place any duties or obligations of confidentiality on VIN Voyager, and VIN Voyager will not be liable for any use or disclosure of your Content.

5. DISCLAIMER OF WARRANTIES.

5.1 THE VIN VOYAGER SERVICES, INCLUDING WITHOUT LIMITATION ALL VIN VOYAGER CONTENT, ARE PROVIDED “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER VIN VOYAGER NOR ANY OF ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “VIN VOYAGER PARTIES”) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE VIN VOYAGER SERVICES, VIN VOYAGER CONTENT, USER CONTENT, THIRD-PARTY CONTENT, OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO VIN VOYAGER. THE VIN VOYAGER PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

5.2 THE VIN VOYAGER PARTIES DO NOT REPRESENT OR WARRANT THAT VIN VOYAGER SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS OR VIRUSES. THE VIN VOYAGER PARTIES DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT INFORMATION ON THE SERVICES WILL BE ACCURATE, COMPLETE, OR USEFUL.

5.3 YOU AGREE THAT YOUR USE OF THE VIN VOYAGER SERVICES IS AT YOUR SOLE RISK. THE VIN VOYAGER PARTIES DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE VIN VOYAGER PARTIES SPECIFICALLY DISCLAIM ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR RESTRICT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW MAY BE APPLICABLE TO YOU AND THESE TERMS OF USE.

5.4 BY ACCESSING OR USING THE VIN VOYAGER SERVICES, YOU REPRESENT AND WARRANT TO VIN VOYAGER THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

5.5 THE VIN VOYAGER PARTIES DO NOT ENDORSE ANY USER, THIRD-PARTY, OR OTHER CONTENT, AND THE VIN VOYAGER PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY FOR OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR OTHER LIABILITY OF ANY KIND RELATED TO SUCH USER, THIRD-PARTY, OR OTHER CONTENT.

6. LIMITATION OF LIABILITY.

6.1 THE VIN VOYAGER SERVICES ARE PROVIDED AS A CONVENIENCE FOR BUYERS AND SELLERS OF VEHICLES. UNDER NO CIRCUMSTANCES WILL THE VIN VOYAGER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE VIN VOYAGER SERVICES; (B) THE VIN VOYAGER CONTENT; (C) USER OR THIRD-PARTY CONTENT; (D) YOUR USE OF OR INABILITY TO USE, OR THE PERFORMANCE, OF THE SERVICES; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY VIN VOYAGER OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANOTHER PARTY’S USE OF THE SERVICES; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (H) DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING WITHOUT LIMITATION DAMAGE FROM ANY SECURITY BREACH, VIRUS, BUGS, DEFECT, ERROR, FRAUD, INTERRUPTION, OMISSION, TAMPERING, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL MALFUNCTION.

6.2 UNDER NO CIRCUMSTANCES WILL THE VIN VOYAGER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE VIN VOYAGER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WITHOUT LIMITATION LIABILITY CAUSED IN WHOLE OR IN PART BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL THE VIN VOYAGER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING WITHOUT LIMITATION DEATH OR PERSONAL INJURY.

6.4 YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THE VIN VOYAGER SERVICES OR THESE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

6.5 YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF ANY VIN VOYAGER ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE USE OF ANY WEBSITE, APPLICATION, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY VIN VOYAGER, AND YOU WILL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, OR USE OF ANY WEBSITE, APPLICATION, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY VIN VOYAGER.

6.6 YOU AGREE THAT THE VIN VOYAGER PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, CONTENT, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE VIN VOYAGER PARTIES FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATED TO ANY CLAIM YOU MAY HAVE AGAINST SUCH THIRD PARTIES.

7. Indemnification. Users of the VIN Voyager Services agree to defend, indemnify, and hold the VIN Voyager Parties harmless from and against any and all claims, damages, expenses, liabilities, and losses, including without limitation reasonable attorney fees and costs (collectively “Claim”), arising out of or in any way related to their activities on the Services or the activities conducted on their behalf. Such activities include without limitation: (a) your User Content, Vehicle Listings, and use of the Services; (b) your breach or alleged breach of any of these Terms of Use; (c) your violation of any third-party right, including without limitation any intellectual property, confidentiality, privacy, property, publicity, or other proprietary rights; (d) your violation of any laws, rules, regulations, statutes, ordinances, or orders of any governmental, administrative, or regulatory authority; and (e) any false or misleading statement made by you. You will cooperate as required by VIN Voyager in the defense of any Claim. VIN Voyager reserves the right to assume the exclusive defense and control of any Claim, and you will not in any event settle any claim without the prior written consent of VIN Voyager.

8. Binding Arbitration.

8.1 USERS OF THE VIN VOYAGER SERVICES, AND VIN VOYAGER, EXPRESSLY WAIVE THEIR RIGHTS TO TRIAL BY JURY. Except if you opt-out for disputes relating to your or VIN Voyager’s intellectual property rights (such as copyrights, domain names, patents, trademarks, and trade secrets), or violations of sections 1.8-1.9 of the Basic Terms above (“Excludable Disputes”), you agree that all disputes between you and VIN Voyager, whether or not such dispute involves a third-party, shall be resolved exclusively by binding, individual arbitration in Seattle, Washington, according to the American Arbitration Association rules for arbitration. For any action at law or in equity relating to the Excludable Disputes, or if you opt out of the agreement to arbitrate, you agree to the exclusive jurisdiction of and venue in the King County (Washington) Superior Court located in Seattle, Washington, or in the case of exclusive federal jurisdiction, the United States District Court for the Western District of Washington. The decision of the arbitrator shall be final and binding, and judgment on the arbitrator’s award may be entered in the above-referenced Washington state or federal courts, or another court of competent jurisdiction. The prevailing party in any such action or proceeding shall be entitled to recover its reasonable attorney fees and costs.

8.2 Users of the VIN Voyager Services agree that they may only assert claims on their own behalf, and neither Users nor VIN Voyager will participate in a class action, class-wide arbitration, private attorney general action, or any other consolidated or representative claim for any claims related to these Terms of Use. If this prohibition against class actions and other representative claims is found by a court of competent jurisdiction to be unenforceable, then the immediately preceding sentence will be null and void; provided, however, that the remaining terms of this Arbitration section will remain in full force and effect. Further, this Arbitration agreement will survive the termination of your relationship with VIN Voyager.

8.3 You may opt out of this agreement to arbitrate. If you do so, neither you nor VIN Voyager can require the other to participate in an arbitration proceeding. To opt out, you must notify VIN Voyager in writing within thirty (30) days of the date that you first access the Services and became subject to this arbitration provision. You must deliver your opt-out notice to: VIN Voyager, LLC, Attention: Arbitration Opt-Out, 15328 SE 94th Ave, Clackamas, OR 97015. You must include your name and residence address, the email address you use for your VIN Voyager account, and a clear statement that you want to opt out of this arbitration agreement.

9. Severability. If any provision of these Terms of Use is determined by an arbitrator or court of competent jurisdiction to be illegal, invalid, unenforceable, or void, that provision shall be severed from these Terms of Use, and such arbitrator or court shall replace such provision with a legal, valid, and enforceable provision that will achieve, to the fullest extent possible, the same business, economic, and other purposes as the replaced provision, and the remaining provisions will be enforceable according to their terms. Any delay or failure to exercise any right, power, or remedy accruing to VIN Voyager under these Terms will not impair such right, power, or remedy, nor will it be construed to be a waiver of any breach or default; nor will any waiver of any single breach or default be deemed a waiver of any other breach or default. Any approval, consent, or waiver of any kind or character on the part of either party of any provision or condition of this Agreement must be in writing and shall be effective only to the extent specifically set forth in such writing.

10. Entire Agreement. These Terms of Use constitutes the entire agreement between you and VIN Voyager, and governs your use of the VIN Voyager Services, and any other written or oral agreements between you and VIN Voyager are superseded. If you are using the Services on behalf of a separate legal entity, you represent and warrant that you are authorized to enter into an agreement on behalf of that legal entity. You agree that you will not assign these Terms of Use, or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of VIN Voyager. Any purported assignment or delegation by you without the prior written consent of VIN Voyager will be null and void. VIN Voyager may assign these Terms or any rights hereunder without your consent. Except as expressly provided herein, these Terms may not be amended, waived, discharged, or terminated other than by written consent signed by VIN Voyager. These Terms do not confer any third-party beneficiary rights.

11. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington without regard to principles of conflicts of law.